This case explains how to apply to strike a jury notice in a motor vehicle case. The claimant applied to strike the jury due to complex medical causation issues. He argued that somatic symptom disorder, SSD, was far too difficult for a jury to understand.(Lee v. Averbach, 2019 BCSC 1280). The court disagreed and did…
This claimant was physically assaulted by an unknown customer while waiting in line at the retail store, London Drugs. He claimed London Drugs was civilly liable for the injuries he suffered in the assault. The claim was in negligence and under the Occupiers Liability Act, R.S.B.C. 1996, c. 337 ( slip and fall legislation). Without…
The BC NDP have set arbitrary limits on judges access to expert opinion. This will reduce intelligent decision making and eliminate the ability to resolve sophisticated civil disputes. The dumbing down of the court will have a negative impact on innocent victims. The changes to the expert rules will empower state-run bodies such as ICBC,…
This ICBC claimant suffered injuries sustained in two separate motor vehicle collisions. He succeeded in obtaining a $158,142.00 award against the guilty drivers for his injury. However, he did not have a lawyer and took the unusual step of seeking punitive damages for bad faith against ICBC for the way he was treated. He claimed…
Loss of future income and cost of future care are often awarded in one lump sum in personal injury cases. A $5.85 million medical malpractice settlement has tested the court rationale behind the discount rate on future losses. The Court of Appeal has reduced the award of $997,060 for investment management fees to $50,000.00. Defendant’s…
The Court of Appeal has upheld the dismissal of a bizarre medical-legal malpractice case. The appellant alleged that he was mistreated and assaulted by hospital staff. His claim included defamation, malicious prosecution, battery and physical assault, and intentional infliction of harm. (Universe v. Fraser Health Authority, 2019 BCCA 234) The lawyers representing the doctors were…
British Columbia now has a cap for minor injuries sustained in car accidents after April 1, 2019. If you’ve been injured in an auto accident some of your ICBC compensation might be capped or reduced if you have private insurance. There is no injury cap for car accidents before April 1, 2019. How Much My…
An employers’ duty to accommodate can impact the amount of ICBC injury claim settlement. In this case review, a car accident injury was claimed to have been settled on the mistaken understanding that the employer was willing to accommodate the injury. About a month before the trial of the car accident claims, the claimant sent…
The key to healthy lawyer-client relations is trust. Trust builds the confidence needed to make the best decisions in the case. It is therefore important to ask the lawyer whether they work for ICBC or any other insurance company. Ensure the lawyer’s loyalty is undivided. Start your Search Here Auto injury claims are treated differently…
Blaming innocent victims for not calling expert witnesses sounds unfair. The Insurance Corporation of British Columbia defends guilty drivers. The guilty drivers blame claimants for not paying doctors to testify at trial. Then they ask the court to draw an adverse inference. The current government changed the expert rules to help the state run auto…